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390 F. App'x 674

United States v. Barry Odegaard

U.S. Courts of Appeals

Decided July 30, 2010

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U.S. Courts of Appeals · decided 2010-07-30

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Anders v. California · Penson v. Ohio

Decided 2010-07-30

¶1 MEMORANDUM …

¶2 Barry N. Odegaard appeals from his jury-trial conviction and 60-month sentence for illegal distribution of oxycodone, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Odegaard’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

¶3 Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

¶4 Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

…

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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